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Before Any Man Can Be Considered As A Member Of Civil Society, He Must Be Considered As A Subject Of The Governour Of The Universe: And If A Member Of Civil Society, Do It With A Saving Of His Allegiance To The Universal Sovereign. We Maintain Therefore That In Matters Of Religion, No Man's Right Is Abridged By The Institution Of Civil Society And That Religion Is Wholly Exempt From Its Cognizance.

-James Madison

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Before Any Man Can

James Madison

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Before Any Man Can Be Considered As A Member Of Civil Society, He Must Be Considered As A Subject Of The Governour Of The Universe: And If A Member Of Civil Society, Do It With A Saving Of His Allegiance To The Universal Sovereign. We Maintain Therefore That In Matters Of Religion, No Man's Right Is Abridged By The Institution Of Civil Society And That Religion Is Wholly Exempt From Its Cognizance.

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A Man Has A Property In His Opinions And The Free Communication Of Them.

A Zeal For Different Opinions Concerning Religion...[has] Divided Mankind Into Parties, Inflamed Them With Mutual Animosity, And Rendered Them Much More Disposed To Vex And Oppress Each Other Than To Co-operate For Their Common Good.

The Means Of Defense Against Foreign Danger Historically Have Become The Instruments Of Tyranny At Home.

The Diversity In The Faculties Of Men, From Which The Rights Of Property Originate, Is Not Less An Insuperable Obstacle To An Uniformity Of Interests. The Protection Of These Faculties Is The First Object Of Government.

As The People Are The Only Legitimate Fountain Of Power, And It Is From Them That The Constitutional Charter, Under Which The Several Branches Of Government Hold Their Power, Is Derived, It Seems Strictly Consonant To The Republican Theory, To Recur To The Same Original Authority, Not Only Whenever It May Be Necessary To Enlarge, Diminish, Or New-model The Powers Of The Government, But Also Whenever Any One Of The Departments May Commit Encroachments On The Chartered Authorities Of The Others.

And I Have No Doubt That Every New Example Will Succeed, As Every Past One Has Done, In Showing That Religion And Government Will Both Exist In Greater Purity, The Less They Are Mixed Together.

The House Of Representatives ... Can Make No Law, Which Will Not Have Its Full Operation On Themselves And Their Friends, As Well As The Great Mass Of Society. This Has Always Been Deemed One Of The Strongest Bonds By Which Human Policy Can Connect The Rulers And The People Together. It Creates Between Them That Communion Of Interest, And Sympathy Of Sentiments, Of Which Few Governments Have Furnished Examples; But Without Which Every Government Degenerates Into Tyranny.

There Never Was An Assembly Of Men, Charged With A Great And Arduous Trust, Who Were More Pure In Their Motives, Or More Exclusively Or Anxiously Devoted To The Object Committed To Them.

By Rendering The Labor Of One, The Property Of The Other, They Cherish Pride, Luxury, And Vanity On One Side; On The Other, Vice And Servility, Or Hatred And Revolt.

The Powers Delegated By The Proposed Constitution To The Federal Government Are Few And Defined. Those Which Are To Remain In The State Governments Are Numerous And Indefinite.

[property] Embraces Everything To Which A Man May Attach A Value And Have A Right.

They Can Make No Law Which Will Not Have Its Full Operation On Themselves And Their Friends, As Well As On The Great Mass Of The Society.

We Have Seen That The Tendency Of Republican Governments Is To An Aggrandizement Of The Legislative At The Expense Of The Other Departments. The Appeals To The People, Therefore, Would Usually Be Made By The Executive And Judiciary Departments.

It Is Of Great Importance In A Republic, Not Only To Guard The Society Against The Oppression Of Its Rulers; But To Guard One Part Of The Society Against The Injustice Of The Other Part.

Republican Government

Tyranny Of The Majority

As To The Permanent Interest Of Individuals In The Aggregated Interests Of The Community, And In The Proverbial Maxim, That Honesty Is The Best Policy, Present Temptation Is Often Found To Be An Overmatch For Those Considerations.

If We Are To Take For The Criterion Of Truth The Majority Of Suffrages, They Ought To Be Gotten From Those Philosophic And Patriotic Citizens Who Cultivate Their Reason.

The Appointment Of Senators By The State Legislatures . . . Is Recommended By The Double Advantage Of Favoring A Select Appointment, And Of Giving To The State Governments Such An Agency In The Formation Of The Federal Government, As Must Secure The Authority Of The Former.

Torrents Of Blood Have Been Spilt In The World In Vain Attempts Of The Secular Arm To Extinguish Religious Discord, By Proscribing All Differences In Religious Opinions.

The People Are The Only Legitimate Fountain Of Power, And It Is From Them That The Constitutional Charter, Under Which The Several Branches Of Government Hold Their Power, Is Derived.

The Most That The Convention Could Do In Such A Situation, Was To Avoid The Errors Suggested By The Past Experience Of Other Countries, As Well As Of Our Own; And To Provide A Convenient Mode Of Rectifying Their Own Errors, As Future Experience May Unfold Them.

Happily For America, Happily, We Trust, For The Whole Human Race, They Pursued A New And More Noble Course. They Accomplished A Revolution Which Has No Parallel In The Annals Of Human Society.

I Am Unable To Conceive That The State Legislatures Which Must Feel So Many Motives To Watch, And Which Possess So Many Means Of Counteracting The Federal Legislature, Would Fail Either To Detect Or To Defeat A Conspiracy Of The Latter Against The Liberties Of Their Common Constituencies.

The Ultimate Authority Resides In The People, And That If The Federal Government Got Too Powerful And Overstepped Its Authority, Then The People Would Develop Plans Of Resistance And Resort To Arms.

[t]he Delegation Of The Government, In [a Republic], To A Small Number Of Citizens Elected By The Rest . . . [is] To Refine And Enlarge The Public Views By Passing Them Through The Medium Of A Chosen Body Of Citizens, Whose Wisdom May Best Discern The True Interest Of Their Country And Whose Patriotism And Love Of Justice Will Be Least Likely To Sacrifice It To Temporary Or Partial Considerations.

It Is Too Early For Politicians To Presume On Our Forgetting That The Public Good, The Real Welfare Of The Great Body Of The People, Is The Supreme Object To Be Pursued; And That No Form Of Government Whatever Has Any Other Value Than As It May Be Fitted For The Attainment Of This Object.

A Certain Degree Of Preparation For War . . . Affords Also The Best Security For The Continuance Of Peace.

[it] Is Indispensable That Some Provision Should Be Made For Defending The Community Agst [against] The Incapicity, Negligence Or Perfidy Of The Chief Magistrate.

Because We Hold It For 'a Fundamental And Undeniable Truth', That Religion Or 'the Duty Which We Owe To Our Creator' And The Manner Of Discharging It, Can Be Directed Only By Reason And Conviction, Not By Force Or Violence.

Religious Truth

Whatever May Be The Judgement Pronounced On The Competency Of The Architects Of The Constitution, Or Whatever May Be The Destiny Of The Edifice Prepared By Them, I Feel It A Duty To Express My Profound And Solemn Conviction . . . That There Never Was An Assembly Of Men, Charged With A Great And Arduous Trust, Who Were More Pure In Their Motives, Or More Exclusively Or Anxiously Devoted To The Object Committed To Them.

The Governments Of Europe Are Afraid To Trust The People With Arms. If They Did, The People Would Certainly Shake Off The Yoke Of Tyranny, As America Did.

[montesquieu] Lifted The Veil From The Venerable Errors Which Enslaved Opinion, And Pointed The Way To Those Luminous Truths Of Which He Had But A Glimpse Himself.

Stability In Government Is Essential To National Character And To The Advantages Annexed To It, As Well As To That Repose And Confidence In The Minds Of The People, Which Are Among The Chief Blessings Of Civil Society.

Those Who Proposed The Constitution Knew, And Those Who Ratified The Constitution Also Knew That This Is...a Limited Government Tied Down To Specified Powers....it Was Never Supposed Or Suspected That The Old Congress Could Give Away The Money Of The States To Encourage Agriculture Or For Any Other Purpose They Pleased.

[i]t Is The Reason Alone, Of The Public, That Ought To Control And Regulate The Government.

But Ambitious Encroachments Of The Federal Government, On The Authority Of The State Governments, Would Not Excite The Opposition Of A Single State, Or Of A Few States Only. They Would Be Signals Of General Alarm . . . But What Degree Of Madness Could Ever Drive The Federal Government To Such An Extremity.

The Citizens Of The United States Have Peculiar Motives To Support The Energy Of Their Constitutional Charters.

Nothing Is So Contagious As Opinion, Especially On Questions Which, Being Susceptible Of Very Different Glosses, Beget In The Mind A Distrust Of Itself.

This Policy Of Supplying By Opposite And Rival Interests, The Defect Of Better Motives, Might Be Traced Through The Whole System Of Human Affairs, Both Private And Public.

But Cool And Candid People Will At Once Reflect, That The Purest Of Human Blessings Must Have A Portion Of Alloy In Them, That The Choice Must Always Be Made, If Not Of The Lesser Evil, At Least Of The Greater, Not The Perfect Good; And That In Every Political Institution, A Power To Advance The Public Happiness, Involves A Discretion Which May Be Misapplied And Abused.

In Contemplating The Pecuniary Resources Needed For The Removal Of Such A Number To So Great A Distance [freed Slaves To Africa], My Thoughts And Hopes Have Long Been Turned To The Rich Fund Presented In The Western Lands Of The Nation . . .

Although All Men Are Born Free, Slavery Has Been The General Lot Of The Human Race. Ignorant--they Have Been Cheated; Asleep--they Have Been Surprised; Divided--the Yoke Has Been Forced Upon Them. But What Is The Lesson...? The People Ought To Be Enlightened, To Be Awakened, To Be United, That After Establishing A Government They Should Watch Over It.... It Is Universally Admitted That A Well-instructed People Alone Can Be Permanently Free.

If Congress Can Employ Money Indefinitely To The General Welfare... They May Appoint Teachers In Every State... The Powers Of Congress Would Subvert The Very Foundation, The Very Nature Of The Limited Government Established By The People Of America.

The Accumulation Of All Powers, Legislative, Executive, And Judiciary, In The Same Hands, Whether Of One, A Few, Or Many, And Whether Hereditary, Selfappointed, Or Elective, May Justly Be Pronounced The Very Definition Of Tyranny.

Independent Judiciary

But The Mere Circumstance Of Complexion Cannot Deprive Them Of The Character Of Men.

If We Resort For A Criterion To The Different Principles On Which Different Forms Of Government Are Established, We May Define A Republic To Be, Or At Least May Bestow That Name On, A Government Which Derives All Its Powers Directly Or Indirectly From The Great Body Of The People, And Is Administered By Persons Holding Their Offices During Pleasure For A Limited Period, Or During Good Behavior.

Despotism Can Only Exist In Darkness.

Liberty Is To Faction, What Air Is To Fire, An Aliment Without Which It Instantly Expires. But It Could Not Be A Less Folly To Abolish Liberty, Which Is Essential To Political Life, Because It Nourishes Faction, Than It Would Be To Wish The Annihilation Of Air, Which Is Essential To Animal Life, Because It Imparts To Fire Its Destructive Agency.

A Zeal For Different Opinions Concerning Religion, Concerning Government, And Many Other Points, As Well Of Speculation As Of Practice; An Attachment To Different Leaders Ambitiously Contending For Pre-eminence And Power; Or To Persons Of Other Descriptions Whose Fortunes Have Been Interesting To The Human Passions, Have, In Turn, Divided Mankind Into Parties, Inflamed Them With Mutual Animosity, And Rendered Them Much More Disposed To Vex And Oppress Each Other Than To Co-operate For Their Common Good.

Nor Is Any Evidence To Be Found, Either In History Or Human Nature, That Nations Are To Be Bribed Out Of A Spirit Of Encroachment And Aggression, By Humiliations Which Nourish Their Pride, Or By Concessions That Extend Their Resources And Power.

I Have No Doubt But That The Misery Of The Lower Classes Will Be Found To Abate Wherever The Government Assumes A Freer Aspect,& The Laws Favor A Subdivision Of Property.

By A Faction, I Understand A Number Of Citizens, Whether Amounting To A Majority Or A Minority Of The Whole, Who Are United And Actuated By Some Common Impulse Of Passion, Or Of Interest... The Latent Causes Of Faction Are Sown In The Nature Of Man.

Every Man Who Loves Peace, Every Man Who Loves His Country, Every Man Who Loves Liberty Ought To Have It Ever Before His Eyes That He May Cherish In His Heart A Due Attachment To The Union Of America And Be Able To Set A Due Value On The Means Of Preserving It.

In War, Too, The Discretionary Power Of The Executive Is Extended; Its Influence In Dealing Out Offices, Honors, And Emoluments Is Multiplied; And All The Meaning Of Seducing The Minds, Are Added To Those Of Subduing The Force, Of The People. The Same Malignant Aspect In Republicanism May Be Traced In The Inequality Of Fortunes, And The Opportunities Of Fraud, Growing Out Of A State Of War, And In The Degeneracy Of Manners And Morals, Engendered By Both. No Nation Could Preserve Its Freedom In The Midst Of Continual Warfare.

If Men Were Angels, There Would Be No Need Of Government.

Equal Laws Protecting Equal Rights…the Best Guarantee Of Loyalty And Love Of Country.

The Smaller The Society, The Fewer Probably Will Be The Distinct Parties And Interests Composing It; The Fewer The Distinct Parties And Interests, The More Frequently Will A Majority Be Found Of The Same Party; . . . The More Easily Will They Concert And Execute Their Plans Of Oppression.

To What Expedient Then Shall We Finally Resort, For Maintaining In Practice The Necessary Partition Of Power Among The Several Departments, As Laid Down In The Constitution? The Only Answer That Can Be Given Is, That As All These Exterior Provisions Are Found To Be Inadequate, The Defect Must Be Supplied, By So Contriving The Interior Structure Of The Government, As That Its Several Constituent Parts May, By Their Mutual Relations, Be The Means Of Keeping Each Other In Their Proper Places.

It Is A Misfortune Incident To Republican Government, Though In A Less Degree Than To Other Governments, That Those Who Administer It, May Forget Their Obligations To Their Constituents, And Prove Unfaithful To Their Important Trust.

That Is Not A Just Government Where Arbitrary Restrictions, Exemptions, And Monopolies Deny To Part Of Its Citizens That Free Use Of Their Faculties, And Free Choice Of Their Occupations.

Is There No Virtue Among Us? If There Be Not, We Are In A Wretched Situation. No Theoretical Checks-no Form Of Government Can Render Us Secure. To Suppose That Any Form Of Government Will Secure Liberty Or Happiness Without Any Virtue In The People, Is A Chimerical Idea, If There Be Sufficient Virtue And Intelligence In The Community, It Will Be Exercised In The Selection Of These Men. So That We Do Not Depend On Their Virtue, Or Put Confidence In Our Rulers, But In The People Who Are To Choose Them.

Thus The Right Of Nullification Meant By Mr. Jefferson Is The Natural Right, Which All Admit To Be A Remedy Against Insupportable Oppression.

The Establishment Of The Chaplainship To Congress Is A Palpable Violation Of ... Constitutional Principles.

Temporary Deviations From Fundamental Principles Are Always More Or Less Dangerous. When The First Pretext Fails, Those Who Become Interested In Prolonging The Evil Will Rarely Be At A Loss For Other Pretexts.

Whilst The Last Members Were Signing It Doctr. Franklin Looking Towards The Presidents Chair, At The Back Of Which A Rising Sun Happened To Be Painted, Observed To A Few Members Near Him, That Painters Had Found It Difficult To Distinguish In Their Art A Rising From A Setting Sun.

Constitution Of The United States

Let Me Recommend The Best Medicine In The World: A Long Journey, At A Mild Season, Through A Pleasant Country, In Easy Stages.

No Power Over The Freedom Of Religion [is] Delegated To The United States By The Constitution.

Freedom Of Religion

A President Is Impeachable If He Attempts To Subvert The Constitution.

[i]t Is More Convenient To Prevent The Passage Of A Law, Than To Declare It Void After It Has Passed.

Popular Liberty Might Then Have Escaped The Indelible Reproach Of Decreeing To The Same Citizens, The Hemlock On One Day, And Statues On The Next.

The People Shall Not Be Restrained From Peacefully Assembling And Consulting For Their Common Good, Nor From Applying To The Legislature By Petitions, Or Remonstrances For Redress Of Their Grievances.

Freedom Of Speech

Who Does Not See That . . . The Same Authority Which Can Force A Citizen To Contribute Three Pence Only Of His Property For The Support Of Any One Establishment, May Force Him To Conform To Any Other Establishment In All Cases Whatsoever?

There Is In Every Breast A Sensibility To Marks Of Honor, Of Favor, Of Esteem, And Of Confidence, Which, Apart From All Considerations Of Interest, Is Some Pledge For Grateful And Benevolent Returns. Ingratitude Is A Common Topic Of Declamation Against Human Nature; And It Must Be Confessed, That Instances Of It Are But Too Infrequent And Flagrant Both In Public And In Private Life. But The Universal And Extreme Indignation Which It Inspires, Is Itself A Proof Of The Energy And Prevalence Of The Contrary Sentiment.

Because Finally, 'the Equal Right Of Every Citizen To The Free Exercise Of His Religion According To The Dictates Of Conscience' Is Held By The Same Tenure With All His Other Rights. If We Recur To Its Origin, It Is Equally The Gift Of Nature; If We Weigh Its Importance, It Cannot Be Less Dear To Us; If We Consider The 'declaration Of Those Rights Which Pertain To The Good People Of Virginia, As The Basis And Foundation Of Government,' It Is Enumerated With Equal Solemnity, Or Rather Studied Emphasis.

It May Be Considered As An Objection Inherent In The Principle, That As Every Appeal To The People Would Carry An Implication Of Some Defect In The Government, Frequent Appeals Would In Great Measure Deprive The Government Of That Veneration Which Time Bestows On Every Thing, And Without Which Perhaps The Wisest And Freest Governments Would Not Possess The Requisite Stability . . . A Constitutional Road To The Decision Of The People Ought To Be Marked Out And Kept Open, For Certain Great And Extraordinary Occasions

The Right Of The Citizens To Bear Arms In Defense Of Themselves And The State Shall Not Be Questioned.

I Do Not Conceive That Power Is Given To The President And Senate To Dismember The Empire, Or To Alienate Any Great, Essential Right. I Do Not Think The Whole Legislative Authority Have This Power. The Exercise Of The Power Must Be Consistent With The Object Of The Delegation.

What Is Government Itself But The Greatest Of All Reflections On Human Nature?

Enlightened Statesmen Will Not Always Be At The Helm.

The Settled Opinion Here Is That Religion Is Essentially Distinct From Civil Govt. And Exempt From Its Cognizance; That A Connection Between Them Is Injurious To Both.

The Means Of Defence Against Foreign Danger Have Been Always The Instruments Of Tyranny At Home. Among The Romans It Was A Standing Maxim To Excite A War, Whenever A Revolt Was Apprehended. Throughout All Europe, The Armies Kept Up Under The Pretext Of Defending, Have Enslaved The People.

The Constitution Of The United States Was Created By The People Of The United States Composing The Respective States, Who Alone Had The Right.

It Is To The Press Mankind Are Indebted For Having Dispelled The Clouds Which So Long Encompassed Religion, For Disclosing Her Genuine Lustre, And Disseminating Her Salutary Doctrines.

Bills Of Attainder, Ex-post Facto Laws And Laws Impairing The Obligation Of Contracts Are Contrary To The First Principles Of The Social Compact, And To Every Principle Of Sound Legislation.

The Belief In A God All Powerful Wise And Good, Is So Essential To The Moral Order Of The World And To The Happiness Of Man, That Arguments Which Enforce It Cannot Be Drawn From Too Many Sources Nor Adapted With Too Much Solicitude To The Different Characters And Capacities Impressed With It.

Each State, In Ratifying The Constitution, Is Considered As A Sovereign Body, Independent Of All Others, And Only To Be Bound By Its Own Voluntary Act. In This Relation, Then, The New Constitution Will, If Established, Be A Federal, And Not A National Constitution.

Complaints Are Everywhere Heard From Our Most Considerate And Virtuous Citizens, Equally The Friends Of Public And Private Faith, And Of Public And Personal Liberty, That Our Governments Are Too Unstable, That The Public Good Is Disregarded In The Conflicts Of Rival Parties, And That Measures Are Too Often Decided, Not According To The Rules Of Justice And The Rights Of The Minor Party, But By The Superior Force Of An Interested And Overbearing Majority.

The Great Objects Which Presented Themselves [to The Constitutional Convention] ... Formed A Task More Difficult Than Can Be Well Conceived By Those Who Were Not Concerned In The Execution Of It. Adding To These Considerations The Natural Diversity Of Human Opinions On All New And Complicated Subjects, It Is Impossible To Consider The Degree Of Concord Which Ultimately Prevailed As Less Than A Miracle.

A Universal Peace, It Is To Be Feared, Is In The Catalogue Of Events, Which Will Never Exist But In The Imaginations Of Visionary Philosophers, Or In The Breasts Of Benevolent Enthusiasts.

Hence It Is That Such Democracies Have Ever Been Spectacles Of Turbulence And Contention; Have Ever Been Found Incompatible With Personal Security Or The Rights Of Property; And Have In General Been As Short In Their Lives As They Have Been Violent In Their Deaths. Theoretic Politicians, Who Have Patronized This Species Of Government, Have Erroneously Supposed That By Reducing Mankind To A Perfect Equality In Their Political Rights, They Would, At The Same Time, Be Perfectly Equalized And Assimilated In Their Possessions, Their Opinions, And Their Passions.

Democracies Have

Oppressors Can Tyrannize Only When They Achieve A Standing Army, An Enslaved Press, And A Disarmed Populace.

No Nation Could Preserve Its Freedom In The Midst Of Continual Warfare.

Democracies Have

Americans Have The Right And Advantage Of Being Armed - Unlike The Citizens Of Other Countries Whose Governments Are Afraid To Trust The People With Arms.

I Acknowledge, In The Ordinary Course Of Government, That The Exposition Of The Laws And Constitution Devolves Upon The Judicial. But I Beg To Know Upon What Principle It Can Be Contended That Any One Department Draws From The Constitution Greater Powers Than Another In Marking Out The Limits Of The Powers Of The Several Departments.

[t]he Powers Granted By The Proposed Constitution Are The Gift Of The People, And May Be Resumed By Them When Perverted To Their Oppression, And Every Power Not Granted Thereby Remains With The People.

In No Part Of The Constitution Is More Wisdom To Be Found Than In The Clause Which Confides The Question Of War Or Peace To The Legislature, And Not The Executive Department. ... The Trust And The Temptation Would Be Too Great For Any One Man.

A Just Security To Property Is Not Afforded By That Government, Under Which Unequal Taxes Oppress One Species Of Property And Reward Another Species.

Every New And Successful Example Of A Perfect Separation Between Ecclesiastical And Civil Matters Is Of Importance.

Those Who Are To Conduct A War Cannot In The Nature Of Things, Be Proper Or Safe Judges, Whether A War Ought To Be Commenced, Continued, Or Concluded.

The Advice Nearest To My Heart And Deepest In My Convictions Is That The Union Of The States Be Cherished And Perpetuated. Let The Open Enemy To It Be Regarded As A Pandora With Her Box Opened, And The Disguised One As The Serpent Creeping With His Deadly Wiles Into Paradise.

There Is Not A More Important And Fundamental Principle In Legislation, Than That The Ways And Means Ought Always To Face The Public Engagements; That Our Appropriations Should Ever Go Hand In Hand With Our Promises.

The Legislative Department Is Everywhere Extending The Sphere Of Its Activity And Drawing All Power Into Its Impetuous Vortex.

I Consider It…as Subverting The Fundamental And Characteristic Principle Of The Government…and As Bidding Defiance To The Sense In Which The Constitution Is Known To Have Been Proposed, Advocated, And Adopted. If Congress Can Do Whatever In Their Discretion Can Be Done By Money, And Will Promote The General Welfare, The Government Is No Longer A Limited One.

Truth [comes Only] From Those ... Who Cultivate Their Reason.

Reason, On The Contrary, Assures Us, That As In So Great A Number, A Fit Representative Would Be Most Likely To Be Found, So The Choice Would Be Less Likely To Be Diverted From Him, By The Intrigues Of The Ambitious, Or The Bribes Of The Rich.

Place Three Individuals In A Situation Wherein The Interest Of Each Depends On The Voice Of The Others, And Give To Two Of Them An Interest Opposed To The Rights Of The Third. Will The Latter Be Secure? The Prudence Of Every Man Would Shun The Danger. The Rules & Forms Of Justice Suppose & Guard Against It. Will Two Thousand In A Like Situation Be Less Likely To Encroach On The Rights Of One Thousand?

The Constitution Expressly And Exclusively Vests In The Legislature The Power Of Declaring A State Of War [and] The Power Of Raising Armies.... A Delegation Of Such Powers [to The President] Would Have Struck, Not Only At The Fabric Of Our Constitution, But At The Foundation Of All Well Organized And Well Checked Governments. The Separation Of The Power Of Declaring War From That Of Conducting It, Is Wisely Contrived To Exclude The Danger Of Its Being Declared For The Sake Of Its Being Conducted.

The Political Truths Declared In That Solemn Manner Acquire By Degrees The Character Of Fundamental Maxims Of Free Government, And As They Become Incorporated With National Sentiment, Counteract The Impulses Of Interest And Passion.

Among The Features Peculiar To The Political System Of The United States, Is The Perfect Equality Of Rights Which It Secures To Every Religious Sect.

That Useful Alterations Will Be Suggested By Experience, Could Not But Be Foreseen . . . . It Moreover Equally Enables The General And State Governments To Originate The Amendment Of Errors As They May Be Pointed Out By The Experience On One Side Or On The Other.

[a]ll Power Is Originally Vested In, And Consequently Derived From, The People. That Government Is Instituted And Ought To Be Exercised For The Benefit Of The People; Which Consists In The Enjoyment Of Life And Liberty And The Right Of Acquiring Property, And Generally Of Pursuing And Obtaining Happiness And Safety. That The People Have An Indubitable, Unalienable, And Indefeasible Right To Reform Or Change Their Government Whenever It Be Found Adverse Or Inadequate To The Purpose Of Its Institution.

A Sincere And Steadfast Co-operation In Promoting Such A Reconstruction Of Our Political System As Would Provide For The Permanent Liberty And Happiness Of The United States.

[t]he Most Common And Durable Source Of Factions Has Been The Various And Unequal Distribution Of Property. Those Who Hold And Those Who Are Without Property Have Ever Formed Distinct Interests In Society. Those Who Are Creditors, And Those Who Are Debtors, Fall Under A Like Discrimination. A Landed Interest, A Manufacturing Interest, A Mercantile Interest, A Moneyed Interest, With Many Lesser Interests, Grow Up Of Necessity In Civilized Nations, And Divide Them Into Different Classes, Actuated By Different Sentiments And Views.

It Will Be Of Little Avail To The People That The Laws Are Made By Men Of Their Own Choice If The Laws Be So Voluminous That They Cannot Be Read, Or So Incoherent That They Cannot Be Understood.

That This Liberty [of The Press] Is Often Carried To Excess; That It Has Sometimes Degenerated Into Licentiousness, Is Seen And Lamented, But The Remedy Has Not Yet Been Discovered. Perhaps It Is An Evil Inseparable From The Good With Which It Is Allied; Perhaps It Is A Shoot Which Cannot Be Stripped From The Stalk Without Wounding Vitally The Plant From Which It Is Torn. However Desirable Those Measures Might Be Which Might Correct Without Enslaving The Press, They Have Never Yet Been Devised In America.

Resolved, That The General Assembly Of Virginia, Doth Unequivocally Express A Firm Resolution To Maintain And Defend The Constitution Of The United States, And The Constitution Of This State, Against Every Aggression Either Foreign Or Domestic, And That They Will Support The Government Of The United States In All Measures Warranted By The Former.

Another Advantage Accruing From This Ingredient In The Constitution Of A Senate, Is The Additional Impediment It Must Prove Against Improper Acts Of Legislation. No Law Or Resolution Can Now Be Passed Without The Concurrence First Of A Majority Of The People, And Then Of A Majority Of The States.

In Europe, Charters Of Liberty Have Been Granted By Power. America Has Set The Example . . . Of Charters Of Power Granted By Liberty. This Revolution In The Practice Of The World, May, With An Honest Praise, Be Pronounced The Most Triumphant Epoch Of Its History, And The Most Consoling Presage Of Its Happiness.

To The Press Alone, Chequered As It Is With Abuses, The World Is Indebted For All The Triumphs Which Have Been Gained By Reason And Humanity Over Error And Oppression.

Liberty May Be Endangered By The Abuse Of Liberty, But Also By The Abuse Of Power.

Happily For The States, They Enjoy The Utmost Freedom Of Religion. This Freedom Arises From That Multiplicity Of Sects Which Pervades America, And Which Is The Best And Only Security For Religious Liberty In Any Society.

The American People Are Too Well Schooled In The Duty And Practice Of Submitting To The Will Of The Majority To Permit Any Serious Uneasiness On That Account

Procrastination In The Beginning And Precipitation Towards The Conclusion Is The Characteristic Of Such Bodies.

Procrastination

Characteristics

Because The Bill In Reserving A Certain Parcel Of Land In The United States For The Use Of Said Baptist Church Comprises A Principle And A Precedent For The Appropriation Of Funds Of The United States For The Use And Support Of Religious Societies, Contrary To The Article Of The Constitution Which Declares That "congress Shall Make No Law Respecting A Religious Establishment."

It Has Been Said That All Government Is An Evil. It Would Be More Proper To Say That The Necessity Of Any Government Is A Misfortune. This Necessity However Exists; And The Problem To Be Solved Is, Not What Form Of Government Is Perfect, But Which Of The Forms Is Least Imperfect.

The Latent Causes Of Faction Are Thus Sown In The Nature Of Man; And We See Them Everywhere Brought Into Different Degrees Of Activity, According To The Different Circumstances Of Civil Society.

The Purpose Of The Constitution Is To Restrict The Majority's Ability To Harm A Minority.

These Examples, Though As Unfit For The Imitation, As They Are Repugnant To The Genius Of America, Are Notwithstanding . . . Very Instructive Proofs Of The Necessity Of Some Institution That Will Blend Stability With Liberty.

The Rights Of Persons, And The Rights Of Property, Are The Objects, For The Protection Of Which Government Was Instituted.

The Civil Rights Of None, Shall Be Abridged On Account Of Religious Belief Or Worship, Nor Shall Any National Religion Be Established, Nor Shall The Full And Equal Rights Of Conscience Be In Any Manner, Or On Any Pretext Infringed.

Religious Bondage Shackles And Debilitates The Mind And Unfits It For Every Noble Enterprise, Every Expanded Prospect.

Secular Society

All That Seems Indispensible In Stating The Account Between The Dead And The Living, Is To See That The Debts Against The Latter Do Not Exceed The Advances Made By The Former.

The Essence Of Government Is Power; And Power, Lodged As It Must Be In Human Hands, Will Ever Be Liable To Abuse.

Toleration Is Not The Opposite Of Intolerance, But Is The Counterfeit Of It. Both Are Despotisms. The One Assumes To Itself The Right Of Withholding Liberty Of Conscience, The Other Of Granting It.

[the Human Mind] Finds More Facility In Assenting To The Self-existence Of An Invisible Cause Possessing Infinite Power, Wisdom, And Goodness, Than In The Self-existence Of The Universe, Visibly Destitute Of These Attributes, And Which May Be The Effect Of Them.

Before Any Man Can Be Considered As A Member Of Civil Society, He Must Be Considered As A Subject Of The Governour Of The Universe: And If A Member Of Civil Society, Do It With A Saving Of His Allegiance To The Universal Sovereign. We Maintain Therefore That In Matters Of Religion, No Man's Right Is Abridged By The Institution Of Civil Society And That Religion Is Wholly Exempt From Its Cognizance.

As Long As The Reason Of Man Continues Fallible, And He Is At Liberty To Exercise It, Different Opinions Will Be Formed. As Long As The Connection Subsists Between His Reason And His Self-love, His Opinions And Passions Will Have A Reciprocal Influence On Each Other, And The Former Will Be Objects To Which The Latter Attach Themselves.

The Circulation Of Confidence Is Better Than The Circulation Of Money.

The Smaller The Number And The More Permanent And Conspicuous The Station Of Men In Power, The Stronger Must Be The Interest Which They Will Individually Feel In Whatever Concerns The Government.

With Respect To The Words "general Welfare," I Have Always Regarded Them As Qualified By The Detail Of Powers Connected With Them. To Take Them In A Literal And Unlimited Sense Would Be A Metamorphosis Of The Constitution Into A Character Which There Is A Host Of Proofs Was Not Contemplated By Its Creators.

We Are Right To Take Alarm At The First Experiment Upon Our Liberties.

Tyranny Founding Fathers

There Is No Maxim, In My Opinion, Which Is More Liable To Be Misapplied, And Which, Therefore, More Needs Elucidation, Than The Current One, That The Interest Of The Majority Is The Political Standard Of Right And Wrong.

It May Be Concluded That A Pure Democracy . . . Can Admit No Cure For The Mischiefs Of Faction.

Democracies Have

So Strong Is This Propensity Of Mankind To Fall Into Mutual Animosities, That Where No Substantial Occasion Presents Itself, The Most Frivolous And Fanciful Distinctions Have Been Sufficient To Kindle Their Unfriendly Passions And Excite Their Most Violent Conflicts. But The Most Common And Durable Source Of Factions Has Been The Various And Unequal Distribution Of Property.

If We Advert To The Nature Of Republican Government, We Shall Find That The Censorial Power Is In The People Over The Government, And Not In The Government Over The People.

It Is The Mutual Duty Of All To Practice Christian Forbearance, Love, And Charity Toward Each Other.

Measures Should Be Enacted Which, Without Violating The Rights Of Property, Would Reduce Extreme Wealth Towards A State Of Mediocrity, And Raise Extreme Indigence Towards A State Of Comfort.

It May Not Be Improper, However, To Remark Two Consequences, Evidently Flowing From An Extension Of The Federal Power To Every Subject Falling Within The Idea Of The "general Welfare." One Consequence Must Be, To Enlarge The Sphere Of Discretion Allotted To The Executive Magistrate... The Other Consequence Would Be, That Of An Excessive Augmentation Of The Offices, Honors, And Emoluments, Depending On The Executive Will.

The Power Of Taxing People And Their Property Is Essential To The Very Existence Of Government.

The Purpose Of Separation Of Church And State Is To Keep Forever From These Shores The Ceaseless Strife That Has Soaked The Soil Of Europe With Blood For Centuries.

[restraints On The Press] In All Ages, Have Debauched Morals, Depressed Liberty, Shackled Religion, Supported Despotism, And Deluged The Scaffold With Blood.

Attempts To Enforce By Legal Sanctions, Acts Obnoxious To So Great A Proportion Of Citizens, Tend To Enervate The Laws In General, And To Slacken The Bands Of Society. If It Be Difficult To Execute Any Law Which Is Not Generally Deemed Necessary Or Salutary, What Must Be The Case, Where It Is Deemed Invalid And Dangerous? And What May Be The Effect Of So Striking An Example Of Impotency In The Government, On Its General Authority?

It Is Not Certain That With This Aid Alone [possession Of Arms], They Would Not Be Able To Shake Off Their Yokes. But Were The People To Posses The Additional Advantages Of Local Governments Chosen By Themselves, Who Could Collect The National Will, And Direct The National Force; And Of Officers Appointed Out Of The Militia, By These Governments And Attached Both To Them And To The Militia, It May Be Affirmed With The Greatest Assurance, That The Throne Of Every Tyranny In Europe Would Be Speedily Overturned, In Spite Of The Legions Which Surround It.

[n]o Religious Test Shall Ever Be Required As A Qualification To Any Office Or Public Trust Under The United States.

Resistance To Tyranny Is Service To God.

What Spectacle Can Be More Edifying Or More Seasonable, Than That Of Liberty And Learning, Each Leaning On The Other For Their Mutual And Surest Support?

An Oath-the Strongest Of Religious Ties.

If It Be Asked What Is To Restrain The House Of Representatives From Making Legal Discriminations In Favor Of Themselves And A Particular Class Of The Society? I Answer, The Genius Of The Whole System, The Nature Of Just And Constitutional Laws, And Above All The Vigilant And Manly Spirit Which Actuates The People Of America, A Spirit Which Nourishes Freedom, And In Return Is Nourished By It.

How Could A Readiness For War In Time Of Peace Be Safely Prohibited, Unless We Could Prohibit, In Like Manner, The Preparations And Establishments Of Every Hostile Nation?

The Real Difference Of Interests, Lay Not Between Large And Small, But Between The Northern And Southern States. The Institution Of Slavery And Its Consequences Formed A Line Of Discrimination.

The Management Of Foreign Relations Appears To Be The Most Susceptible Of Abuse Of All The Trusts Committed To A Government, Because They Can Be Concealed Or Disclosed, Or Disclosed In Such Parts And At Such Times As Will Best Suit Particular Views; And Because The Body Of The People Are Less Capable Of Judging, And Are More Under The Influence Of Prejudices, On That Branch Of Their Affairs, Than Of Any Other. Perhaps It Is A Universal Truth That The Loss Of Liberty At Home Is To Be Charged To Provisions Against Danger, Real Or Pretended, From Abroad.

It Becomes All Therefore Who Are Friends Of A Government Based On Free Principles To Reflect, That By Denying The Possibility Of A System Partly Federal And Partly Consolidated, And Who Would Convert Ours Into One Either Wholly Federal Or Wholly Consolidated, In Neither Of Which Forms Have Individual Rights, Public Order, And External Safety, Been All Duly Maintained, They Aim A Deadly Blow At The Last Hope Of True Liberty On The Face Of The Earth.

The Aim Of Every Political Constitution, Is Or Ought To Be First To Obtain For Rulers Men Who Possess Most Wisdom To Discern, And Most Virtue To Pursue, The Common Good Of Society; And In The Next Place, To Take The Most Effectual Precautions For Keeping Them Virtuous Whilst They Continue To Hold Their Public Trust.

Every Answer He [president John Adams] Gives To His Addressers Unmasks More And More His Principles And Views. His Language To The Young Men At Philadelphia Is The Most Abominable And Degrading That Could Fall From The Lips Of The First Magistrate Of An Independent People, And Particularly From A Revolutionary Patriot.

It Would Have Marked A Want Of Foresight In The Convention, Which Our Own Experience Would Have Rendered Inexcusable.

Constitutional Convention

The Proposed Constitution Is, In Strictness, Neither A National Nor A Federal Constitution; But A Composition Of Both.

May It Not Be Asked Of Every Intelligent Friend To The Liberties Of His Country, Whether The Power Exercised In Such An Act As This Ought Not To Produce Great And Universal Alarm? Whether A Rigid Execution Of Such An Act, In Time Past, Would Not Have Repressed That Information And Communication Among The People Which Is Indispensable To The Just Exercise Of Their Electoral Rights? And Whether Such An Act, If Made Perpetual, And Enforced With Rigor, Would Not, In Time To Come, Either Destroy Our Free System Of Government, Or Prepare A Convulsion That Might Prove Equally Fatal To It?

A Government Resting On The Minority Is An Aristocracy, Not A Republic, And Could Not Be Safe With A Numerical And Physical Force Against It, Without A Standing Army, An Enslaved Press And A Disarmed Populace.

I Hope This Will Find You...enjoying The Commencement Of A New Year With Every Prospect That Can Make It A Happy One.

Some Degree Of Abuse Is Inseparable From The Proper Use Of Every Thing; And In No Instance Is This More True Than In That Of The Press. It Has Accordingly Been Decided, By The Practice Of The States, That It Is Better To Leave A Few Of Its Noxious Branches To Their Luxuriant Growth, Than, By Pruning Them Away, To Injure The Vigor Of Those Yielding The Proper Fruits.

On The Distinctive Principles Of The Government ... Of The U. States, The Best Guides Are To Be Found In ... The Declaration Of Independence, As The Fundamental Act Of Union Of These States.

There Is One View Of The Subject Which Ought To Have Its Influence On Those Who Espouse Doctrines Which Strike At The Authoritative Origin And Efficacious Operation Of The Government Of The United States. The Government Of The U.s. Like All Governments Free In Their Principles, Rests On Compact; A Compact, Not Between The Government & The Parties Who Formed & Live Under It; But Among The Parties Themselves, And The Strongest Of Governments Are Those In Which The Compacts Were Most Fairly Formed And Most Faithfully Executed.

...several Of The First Presidents, Including Jefferson And Madison, Generally Refused To Issue Public Prayers, Despite Importunings To Do So. Under Pressure, Madison Relented In The War Of 1812, But Held To His Belief That Chaplains Shouldn't Be Appointed To The Military Or Be Allowed To Open Congress.

The Members Of The Legislative Department . . . Are Numerous. They Are Distributed And Dwell Among The People At Large. Their Connections Of Blood, Of Friendship, And Of Acquaintance Embrace A Great Proportion Of The Most Influential Part Of The Society . . . They Are More Immediately The Confidential Guardians Of Their Rights And Liberties.

To The Baptist Churches On Neal's Greek On Black Creek, North Carolina I Have Received, Fellow-citizens, Your Address, Approving My Objection To The Bill Containing A Grant Of Public Land To The Baptist Church At Salem Meeting House, Mississippi Territory. Having Always Regarded The Practical Distinction Between Religion And Civil Government As Essential To The Purity Of Both, And As Guaranteed By The Constitution Of The United States, I Could Not Have Otherwise Discharged My Duty On The Occasion Which Presented Itself

One Nation Is To Another What One Individual Is To Another; With This Melancholy Distinction Perhaps, That The Former With Fewer Of The Benevolent Emotions Than The Latter, Are Under Fewer Restraints Also From Taking Undue Advantage Of The Indiscretions Of Each Other.

In Framing A Government Which Is To Be Administered By Men Over Men You Must First Enable The Government To Control The Governed; And In The Next Place Oblige It To Control Itself.

No Man Can Be A Competent Legislator Who Does Not Add To An Upright Intention And A Sound Judgment A Certain Degree Of Knowledge Of The Subject On Which He Is To Legislate.

It Will Be Remembered, That A Frequent Recurrence To Fundamental Principles Is Solemnly Enjoined By Most Of The State Constitutions, And Particularly By Our Own, As A Necessary Safeguard Against The Danger Of Degeneracy, To Which Republics Are Liable, As Well As Other Governments, Though In A Less Degree Than Others.

The Preservation Of A Free Government Requires Not Merely That The Metes And Bounds Which Separate Each Department Of Power Be Invariably Maintained; But More Especially That Neither Of Them Be Suffered To Overleap The Great Barrier Which Defends The Rights Of The People. The Rulers Who Are Guilty Of Such An Encroachment, Exceed The Commission From Which They Derive Their Authority And Are Tyrants. The People Who Submit To It Are Governed By Laws Made Neither By Themselves Nor By An Authority Derived From Them, And Are Slaves.

Nothing Could Be More Irrational Than To Give The People Power, And To Withhold From Them Information Without Which Power Is Abused.

It Is A Universal Truth That The Loss Of Liberty At Home Is To Be Charged To The Provisions Against Danger, Real Or Pretended, From Abroad.

Liberty Is To Faction What Air Is To Fire.

Power Is Of An Encroaching Nature.

I Entirely Concur In The Propriety Of Resorting To The Sense In Which The Constitution Was Accepted And Ratified By The Nation. In That Sense Alone It Is The Legitimate Constitution. And If That Is Not The Guide In Expounding It, There May Be No Security.

We Have The Self-evident Right To Regulate Our Trade According To Our Own Will And Our Own Interest . . . . This Right Can Be Denied To No Independent Nation.

The Number, The Industry, And The Morality Of The Priesthood, And The Devotion Of The People Have Been Manifestly Increased By The Total Separation Of The Church From The State.

The Regulation Of These Various And Interfering Interests Forms The Principal Task Of Modern Legislation And Involves The Spirit Of Party And Faction In The Necessary And Ordinary Operations Of Government.

We Have Staked The Whole Future Of Our New Nation, Not Upon The Power Of Government; Far From It. We Have Staked The Future Of All Our Political Constitutions Upon The Capacity Of Each Of Ourselves To Govern Ourselves According To The Moral Principles Of The Ten Commandments.

The Express Authority Of The People Alone Could Give Validity To The Constitution.

That Diabolical Hell Conceived Principle Of Persecution Rages Amoung Some And To Their Eternal Infamy The Clergy Can Furnish Their Quota Of Imps For Such Business.

The Diversity In The Faculties Of Men, From Which The Rights Of Property Originate, Is Not Less An Insuperable Obstacle To A Uniformity Of Interests. The Protection Of These Faculties Is The First Object Of Government. From The Protection Of Different And Unequal Faculties Of Acquiring Property, The Possession Of Different Degrees And Kinds Of Property Immediately Results; And From The Influence Of These On The Sentiments And Views Of The Respective Proprietors, Ensues A Division Of The Society Into Different Interests And Parties.

I Have Sometimes Thought There Could Be No Stronger Testimony In Favor Of Religion Or Against Temporal Enjoyments Even The Most Rational And Manly Than For Men Who Occupy The Most Honorable And Gainful Departments And Are Rising In Reputation And Wealth, Publicly To Declare Their Unsatisfactoriness By Becoming Fervent Advocates In The Cause Of Christ, & I Wish You May Give In Your Evidence In This Way. Such Instances Have Seldom Occurred, Therefore They Would Be More Striking And Would Be Instead Of A "cloud Of Witnesses.

I Think It Absolutely Necessary That The President Should Have The Power Of Removing His Subordinates From Office; It Will Make Him, In A Peculiar Manner, Responsible For Their Conduct, And Subject Him To Impeachment Himself, If He Suffers Them To Perpetrate With Impunity High Crimes Or Misdemeanors Against The United States, Or Neglects To Superintend Their Conduct, So As To Check Their Excesses.

Is It Not The Glory Of The People Of America, That Whilst They Have Paid A Decent Regard To The Opinions Of Former Times And Other Nations, They Have Not Suffered A Blind Veneration For Antiquity, For Custom, Or For Names, To Overrule The Suggestions Of Their Own Good Sense, The Knowledge Of Their Own Situation, And The Lessons Of Their Own Experience? To This Manly Spirit, Posterity Will Be Indebted For The Possession, And The World For The Example Of The Numerous Innovations Displayed On The American Theatre, In Favor Of Private Rights And Public Happiness.

Frequent Elections Are Unquestionably The Only Policy By Which This Dependence And Sympathy Can Be Effectually Secured. But What Particular Degree Of Frequency May Be Absolutely Necessary For The Purpose, Does Not Appear To Be Susceptible Of Any Precise Calculation; And Must Depend On A Variety Of Circumstances With Which It May Be Connected. Let Us Consult Experience, The Guide That Ought Always To Be Followed, Whenever It Can Be Found.

I Own Myself The Friend To A Very Free System Of Commerce, And Hold It As A Truth, That Commercial Shackles Are Generally Unjust, Oppressive And Impolitic - It Is Also A Truth, That If Industry And Labour Are Left To Take Their Own Course, They Will Generally Be Directed To Those Objects Which Are The Most Productive, And This In A More Certain And Direct Manner Than The Wisdom Of The Most Enlightened Legislature Could Point Out.

Conscience Is The Most Sacred Of All Property; Other Property Depending In Part On Positive Law, The Exercise Of That, Being A Natural And Unalienable Right.

If Slavery, As A National Evil, Is To Be Abolished, And It Be Just That It Be Done At The National Expense, The Amount Of The Expense Is Not A Paramount Consideration.

A Pure Democracy Is A Society Consisting Of A Small Number Of Citizens, Who Assemble And Administer The Government In Person.

[christianity] Existed And Flourishes, Not Only Without The Support Of Human Laws, But In Spite Of Every Opposition From Them.

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